The Ministry of Health continues to manipulate the facts and mislead the public. It uses the classic method of half-truth: it takes a real judicial decision and interprets it at its own discretion. As a result, on the facebook page of the Ministry of Health it was announced that the Fifth Administrative Court of Appeal upheld the Ministry of Health’s complaint on the decision of Odessa District Administrative Court on April 25, which obliged the Main Department of the State Treasury of Ukraine to pay out payments (salaries and scholarships) to ONMedU by signature of a.i. rector Yurii Sukhin.
The Ministry of Health announced the decisions of the Court of Appeal as “victory” and rushed to blow in the fact that the court had allegedly proved the lack of authority of Yurii Sukhin to the university leadership, his right to financial signature, etc.
For our part, we declare that such an interpretation of the court decision by the Ministry of Health is either a deliberate manipulation, or a manifestation of total incompetence, or is at the same time one and the other.
Clarification on the decision of the fifth appellate administrative court of 25 April, case number 420/6440/18 in terms of the cancellation of the decree of December 11, 2018.
According to the text of the resolution: “In December 2018 Sukhin Yu.V. appealed to the court with a statement requesting measures to secure the claim by establishing the duty of the Main Department of the State Treasury Service of Ukraine in the Odessa region to make payments to Odesa National Medical University on the basis of payment and other settlement documents signed by the a.i. Rector of Odessa National Medical University Sukhin Yu.V. “.
We emphasize that this application was filed within the framework of a lawsuit on “the illegal actions of the GU DKSU in Odesa region regarding the payments of Odessa National Medical University with payment and other settlement documents of the University signed by Aimedov K.V. and Dubinina V.G. “.
During the review of the appeal, the court did not conclude that the cancellation of the decree of 11.12.2018 was due to the lack of authority of Yurii Sukhin to directly manage the activities of the university. Although this was carefully referred to by the MOH in its appeal, once again forgetting to indicate that the Ministry of Health was prohibited to appoint someone to run the University by judicial decisions.
The right of Yurii Sukhin to lead ONMedU was not a subject of consideration in the specified process at all. The court did not give any assessment to the statements of the Ministry of Health that it had not appointed Yurii Sukhin as the university leader.
The court upheld the MOH’s complaint, based on entirely different considerations than those that we are carefully told by the subordinates of Ulyana Suprun. In particular, the court pointed out that at the time of the claim, Yurii Sukhin did not provide evidence of illegal actions by the Treasury service, including when submitting the relevant settlement and payment documents to the Treasury and refusing to accept them by signature of the body treasury service body. Also, his arguments about carrying out payments from ONMedU accounts by signatures of unauthorized persons were not confirmed because there was no relevant evidence.
Thus, the decision of the Fifth Administrative Court of Appeal of April 25 for the case No. 420/6440/18 did not question the right of Sukhin Yu.V. to manage ONMedU, as well as his right of financial signature. Payment orders signed by Sukhin Yu.V. are accepted by the bodies of the treasury service, based on the information from the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Associations. We will recall that according to the registry from August 31, 2018, Yurii Sukhin is a temporary acting rector, who has the right to directly manage the activities of ONMedU.
Odessa National Medical University once again appeals to the Ministry of Health and personally to the a.i. Minister Ulyana Suprun to stop manipulation and confrontation with the many thousands of our university staff. We demand unblocking of the institution’s funding and paing out salaries and scholarships.